Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Case of Sutherlandshire

1741, July 28.
Case No. No. 11.

Click here to view a pdf copy of this documet : PDF Copy

In this case, the Sheriffs and clerks procurators waved the dilatory defence, that the House of Lords had not judged of the election; and upon hearing the cause, the Lords seemed to think that an adjournment was against law; that however, as that was the deed of the freeholders, it could not affect the clerk, who was bound to obey the majority; nor the Sheriff, who was to take his return from the clerk, who in this case was unanimously chosen. But in this case it being alleged, and a proof offered of a previous concert of the freeholders for bribing Sinclair to trifle away the time, and to adjourn till the return of their express from Edinburgh, and that the Sheriff-Depute and clerk joined with them in that concert, we allowed a proof before answer of several matters contained in a condescendence by the pursuer; but several articles were refused.